New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Corporate Receiver’s Production of Documents from Corp. Authenticates Them — Emails Authenticated by Being Found on Computer of Defendant-Officer of Corp. — Court Disregards Boilerplate Evidentiary Objections on SJ, Can’t Fully Address All Others

FTC v. Kutzner, 2017 U.S. Dist. LEXIS 174299 (C.D. Cal. Sept. 5, 2017):  I. INTRODUCTION Pending before the Court are Plaintiff Federal Trade Commission's ("Plaintiff" or "FTC") Motion for Summary Judgment against Defendants Jeremy Foti ("Foti") and Charles Marshall…
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Arbitration — Equitable Tolling Applies to Motion to Vacate, Modify or Correct an Award under FAA § 12 — Evident Partiality: Standard; Not Shown by Dated, Attenuated or Insubstantial Ties

A. Miner Contr., Inc. v. Dana Kepner Co., 2017 U.S. App. LEXIS 15536, 2017 WL 3530894 (9th Cir. Aug. 17, 2017): Appellant A. Miner Contracting, Inc. ("Miner") appeals the district court's order denying Miner's petition to vacate an arbitration award…
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Rule 41 Dismissal for Failure to Prosecute — Spending Time & Money Pursuing Cooperation Plaintiff Was Obliged to Provide=Prejudice — No Need to Consider Lesser Sanctions If Clear Record of Delay

Migliori v. Microsoft Corp., 2017 U.S. App. LEXIS 20060 (6th Cir. Oct. 12, 2017): Joseph Migliori, an Ohio resident proceeding pro se, appeals the dismissal of his products-liability action for want of prosecution. This case has been referred to…
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Crime-Fraud Exception: To Get Opinion, But Not Fact, Work Product, Must Show Lawyer Knew of Misconduct — What Lawyer Remembers of Interview = Opinion WP, Even If No Notes — Questions Merely Lurking in Prior Case ≠ Precedent (Good Quote)

Grand Jury Subpoena v. United States, 870 F.3d 312 (4th Cir. 2017) (2-1 decision): PER CURIAM: This case arises from the district court's denial of a motion to quash grand jury subpoenas demanding testimony of a criminal defendant's attorney …
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Rule 11, § 1927, Inherent Power Sanctions: $9,164,404.12 Fine ($6,983.42 per Case [Rand Study] x 1,250 Phony Suits + Cost of Special Master), Reprimand & Referral to Disciplinary Committee — Mere Mistake Not Sanctionable (Good Quotes)

In re Engle Cases, 2017 U.S. Dist. LEXIS 172678 (M.D. Fla. Oct. 18, 2017): OPINION AND ORDER Table of Contents Go to table1 WILLIAM G. YOUNG, TIMOTHY J. CORRIGAN, MARCIA MORALES HOWARD, and ROY B. DALTON, JR., DISTRICT JUDGES…
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Expert Reliance on Third-Party Website to ID Drugs—Cal. Equivalent to Fed. R. Evid. 803(17)—A Website Database Can Be a Reliable “Compilation”—Need It Be Log-In Only? Must Its Source of Info Be Shown to Be Accurate?

People v. Mooring, 2017 Cal. App. LEXIS 856  (Cal. Ct. App. Sept. 27, 2017): In 2011, law enforcement officers searched the home of Lanita Denise Davis and Darrell James Mooring, (Mooring, Sr.) and found over 4,000 prescription pills, many of…
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Fraud on the Court: Suit to Vacate Judgment Not Limited to Rule 60(b)’s 1 Year—Factors—Clear & Convincing Evid—Lawyer’s Higher Duty of Candor in Ex Parte Cases—Confidentiality Order No Excuse for Deception—Good Quotes on Lawyers’ Duties

In re Bressman (Baxter v. Bressman), 2017 U.S. App. LEXIS 20340 (3d Cir. Oct. 18, 2017): In this appeal we are asked to decide whether Max Folkenflik, Esq., committed fraud on the court. The Bankruptcy Court determined that Folkenflik had…
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Attorney-Client Privilege — After Party Testifies to Having Consulted Counsel to Show Good Faith, Failure to Waive Privilege and Disclose Advice Can Give Rise to Permissible Inference of Absence of Good Faith

Sec'y United States DOL v. Am. Future Sys., Inc., 2017 U.S. App. LEXIS 19991 (3d Cir. Oct. 13, 2017): I. INTRODUCTION We are asked to decide whether the Fair Labor Standards Act requires employers to compensate employees for breaks…
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Electronic Signatures: A Name or Email Address in the “From” Field of an Email, Like a Signature Block, Satisfies the Requirement of a Signature under the Uniform Electronic Transactions Act (UETA) (and the Statute of Frauds)

Le Norman Operating LLC v. Chalker Energy, 2017 Tex. App. LEXIS 9297 (Tex. Ct. App. Oct. 3, 2017): The appellees and cross-appellants, Chalker Energy Partners III, LLC; Raptor Petroleum, LLC; BMW Investments, L.P.; Ark-La-Tex Property Investments, LP; Remora Oil &…
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Recent Articles

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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